SECTION 7. REQUIRED

AMENDMENTS LIST

.01 Required Amendments List to be published annually . The Treasury Department and the IRS publish an annual Required Amendments List that applies to changes in Qualification Requirements and Section 403(b) Requirements. The Required Amendments List establishes the date that the Remedial Amendment Period expires for changes in Qualification Requirements and Section 403(b) Requirements set forth on the list, as described in sections 5.03(1) and 5.03(2). ¹² See also section 10, which describes the scope of review by the IRS of a plan submitted for a determination letter.

change in Qualification Requirements or Section 403(b) Requirements appears; or

(ii) 90 days after the close of the third regular legislative session of the legislative body with the authority to amend the plan that begins on or after the date of issuance of the Required Amendments List on which the change in Qualification Requirements or Section 403(b) Requirements appears.

(3) Terminating plans . Notwithstanding sections 5.03(1) and 5.03(2), the termination of a plan ends the plan’s Remedial Amendment Period and thus, generally will shorten the Remedial Amendment Period for the plan. Accordingly, any retroactive remedial plan amendments or other required plan amendments for a terminating plan (that is, plan amendments required to be adopted to reflect Qualification Requirements or Section 403(b) Requirements that apply as of the date of termination) must be adopted in connection with the plan termination regardless of whether the requirements are included on a Required Amendments List.

(4) Circumstances in which a Disqual- ifying Provision or Form Defect may not be corrected retroactively during a Reme- dial Amendment Period . If it is not possible to amend a plan retroactively during a Remedial Amendment Period so that all provisions of the plan that are necessary to satisfy the Qualification Requirements or Section 403(b) Requirements related to a Disqualifying Provision or Form Defect, as applicable, are made effective in operation for the whole Remedial Amendment Period, then the Disqualifying Provision or Form Defect may not be corrected retroactively even if the Plan Sponsor adopts a retroactive plan amendment that, in form, appears to satisfy those requirements. A Plan Sponsor of an individually designed qualified plan or section 403(b) plan that cannot be corrected by an amendment during the applicable Remedial Amendment Period may be able to correct the Disqualifying Provision or Form Defect under the Employee Plans Compliance Resolution System. See Rev. Proc. 202130, 2021-31 IRB 172, or its successors.